FCA Quiz Articles 1 & 2 Flashcards
Which of the following statements relating to FC orders is false?
A. To be effective, an order must be signed with the judge’s signature or initials.
B. The original of a FC order is filed with the county court.
C. A FC order shall be in writing.
D. The court shall file or direct the filing of such order.
B
(FCA 217)
. Which of the following persons does NOT have the right to free counsel if unable to afford counsel? A. Respondent in an article 10 proceeding. B. Petitioner or respondent (art 8 proceeding). C. Parent of child seeking custody. D. Petitioner in an article 5 proceeding.
D
(FCA 262)
The court must file or direct the filing of a FC order within ____ days of the court’s decision or ____ days of settlement of the order on notice.
A. 20, 20 B.30,30 C. 45, 45 D. 60, 60
A
(FCA 217)
T/F? Clerk of FC shall use discretion in giving out petition forms to persons requesting them.
False
FCA 216-b
T/F? Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner.
False
FCA 216-c
T/F? Generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately.
True
FCA 216-b
T/F? If there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition.
False
FCA 216-c
FC orders must be filed where?
with clerk of FC in county of court making order
FCA 217
The court shall file or direct the filing of a FC order within___days of the decision of the court, OR within ___days of settlement of the order on notice.
20….. 20
FCA 217
In which counties is a child abuse part established?
in every county of NYS
FCA 117
T/F? The FC has exclusive original jurisdiction over family offenses.
FALSE
FCA 115
Designated felony parts are established in which counties?
in the 5 NYC counties
FCA 117
T/F? A “duly authorized agency” may be a foreign corporation that has a place of business in NYS.
False
FCA 119
An “infant” or “minor” is a person who has not attained the age of___________
18
FCA 119
T/F? FC judge may dispense with formality of placing a minor under oath.
True
FCA 152
When may a FC warrant of arrest be executed?
any day of week, any hour of day or night
FCA 153-a
FCA 154-b A counterclaim in a proceeding requesting an OP, must be filed at least ____ days before hearing for the counterclaim to be heard on the hearing date.
5
FCA 154-b
If a LCC issues an OP returnable in FC, the matter must be returnable the next day that FC is in session (but in no event more than ______calendar days after the issuance of the order).
4
FCA 154-d
If an adult is arrested under FC act and court is not in session, adult must be taken to_______
most accessible magistrate to be arraigned
FCA 155
Protective custody of material witness under 16 cannot extend more than ___ days without renewal.
14
FCA 158
The maximum period (including extensions) of custody of a material witness under 16 is _____ days.
42
FCA 158
T/F? A FC order may be enforced only in county where order was made.
False
FCA 171
T/F? FC of one county must dismiss proceeding if venue is wrong.
FALSE
FCA 174
Violation of probation proceeding may be heard in county where order was made or________
county where violation occurs
FCA 175
The FC Act applies: A. in all criminal court proceedings B. in all civil and criminal judicial proceedings. C. in every county in NYS. D. only in counties with cities with a population greater than one million.
C
(FCA 112)
Which of the following is false? A. A minor shall mean a person who has not attained the age of 18. B. A child abuse part is established in every FC. C. An infant shall mean a person who has not attained the age of 18. D. A designated felony part is established only in counties outside the city of New York
D
(FCA 117)
Which of the following is false? A FC judge: A. may issue a warrant of arrest B. may administer oaths & take acknowledgments C. may issue a subpoena D. may not fix or accept bail
D
(FCA 153)
Which of the following is correct? A. A FC judge may not issue a subpoena. B. A FC may send process outside the state in paternity proceedings. C. A FC warrant of arrest may not be executed on legal holidays D. A FC judge may not take acknowledgments & administer oaths.
B
(FCA 154)
.If a person seeks a TOP as part of any proceeding in the FC, the person must be allowed to file the petition the same day the person appears in FC, and the hearing must be held: A. same day. B. same day or next day. C. same day or next day court is in session. D. within 3 days of filing the petition.
C
(FCA 153-c)
FC can send process outside the state in______ and_____ proceedings. A. family offense & JD B. support & JD C. paternity & PINS D. support & paternity
D
(FCA 154)
In a proceeding requesting an OP, a counterclaim must be served not less than ____ days before hearing if the counterclaim is to be heard on the date of the hearing. A. 1 days B. 3 days C. 5 days D. 4 days
C
(FCA 154-b)
Choose the best answer. A lawful order of the FC of Kings County may be enforced in any other county: A. in New York City. B. adjoining the county of issuance C. where respondent resides. D. where respondent resides or is found.
D
(FCA 171)
_______________ provides a way for children to achieve legal permanent residence, also known a “green” card.
Special Immigrant Juvenile Status
FCA Article 1
According to federal law, SIJS can only be granted by a state juvenile court such as a family court in New York State
A juvenile court is any court with ________ to make” judicial determinations about the custody and care of juveniles.” The NYS Family Court has been recognized as having ________ over motions seeking the SIJS findings.
Jurisdiction, Jurisdiction
FCA Article 1
The family court must determine if a juvenile meets the following requirements: (5 things)
(1) they are under 21; (2) the are unmarried; (3) they are either dependent on a juvenile court, or have been placed by a juvenile court under the custody of a state agency or department, or have been placed by a State or juvenile court under the custody of an individual or entity; (4) they are not able to reunify with one or both parents due to abuse, neglect, abandonment, or a similar basis; and (5) it is not in their best interests to return to their country of origin.
FCA Article 1
Dockets:
A
AS
B
C
D
Adoption
Adoption Surrender
Commitment of Guardianship or Custody (termination of parental rights)
Conciliation
Delinquency
Dockets:
E
F
G
K
L
Designated Felony Delinquency
Support
Guardianship
Foster Care Review
Approval of Foster Care Placement
Dockets:
M
N or NN or NA
O
P
R
Consent to Marry
Neglect, Neglect only, Abuse
Family Offenses
Paternity
Referred from Supreme Court (except delinquency)
Dockets:
S
U
V
W
Z
PINS
UIFSA Uniform interstate family support law
Custody of Minors
material witness
misc.
